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Westminster, CO Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Advance notice required
At least 2 working days before work
Contractor class required
Class D (or Class E for limited work)
Additional fee
Street cut impact fee, Section 9-2-8
Permit sets
Location, fee and time limit for work
Enforcement
Penalty under Section 1-8-1, W.M.C.

Summary

Anyone digging, building in, or otherwise working within a Westminster street, alley, sidewalk or public right-of-way needs a right-of-way permit first under Section 9-2-1 of Title IX. The City Engineer sets fees, conditions and time limits, and a separate permit plus at least two working days' notice is required for each use of the right-of-way.

(A)Without first having secured a right-of-way permit from the City, it shall be unlawful for any person to:(1)Dig up, open, excavate, construct in or on or cause to be dug up, opened, excavated or constructed in or on, any street, alley, sidewalk, or other public right-of-way; .(2)Conduct any work within, upon, under or above any portion of any travel lane of a street, alley, sidewalk or other public right-of-way or otherwise obstruct vehicular, bicycle, or pedestrian travel on a street, alley, sidewalk or other public right-of-way; or(3)Disturb a ditch line or the pavement or shoulder of any roadway. For the purpose of this Section, the term work includes the installation of micro wireless facilities involving any of the activities described in (1), (2), or (3) above.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 12).

Full Breakdown

makes it unlawful, without first securing a right-of-way permit, to dig up, open, excavate or construct in or on any street, alley, sidewalk or other public right-of-way; to conduct work within, upon, under or above any travel lane or otherwise obstruct vehicular, bicycle or pedestrian travel; or to disturb a ditch line, pavement or roadway shoulder. The permit requirement expressly covers installation of micro wireless facilities that involve any of those activities. Under subsection (B), the City Engineer sets the regulations and specifications for right-of-way work and can attach conditions to any permit.

Applications must show the exact location, height, depth, extent, nature and purpose of the work, plus a sketch or site plan and the expected duration, and the applicant pays a fee, set annually by the City Manager on the City Engineer's recommendation, that is tied to the City's actual administrative and inspection costs and can be scaled to the size and location of the project. A separate permit is required for each use of the right-of-way, and the permit must be obtained at least two working days before work begins, kept at the job site, and shown on request to a law enforcement officer or the City Engineer.

Cutting the pavement of a street or sidewalk triggers an additional street cut impact fee under Section 9-2-8, calculated from how recently the street was resurfaced or is slated for reconstruction, and that fee must be paid before the right-of-way permit issues. A right-of-way permit must be obtained by a licensed Class D public way contractor, or by a Class E contractor for limited work described in Section 5-5-8(B).

Violations & Fines

Working in a right-of-way without a permit, or violating the City Engineer's regulations or a permit's conditions, is unlawful under Sections 9-2-1 and 9-2-7, W.M.C., and is punishable under the general penalty section, 1-8-1, W.M.C. Unpermitted or noncompliant work that creates an imminent danger is a public nuisance the City may abate under Sections 8-4-4 and 8-4-5. The City can also proceed against a contractor's surety, sue for legal or equitable relief, and revoke or suspend permits, licenses and registrations of a violator.

Frequently Asked Questions

Do I need a permit just to install a wireless facility in the sidewalk area?
Yes. Section 9-2-1(A), W.M.C. expressly extends the right-of-way permit requirement to installation of micro wireless facilities whenever the work involves digging, excavating, constructing, or obstructing travel in the right-of-way.
How far in advance must I apply for a right-of-way permit?
At least two working days before the work starts. Section 9-2-1(D) also requires the permit to be kept on site and shown to police or the City Engineer on request.
Is there an extra charge for cutting a City street?
Yes. Section 9-2-8 adds a street cut impact fee on top of the standard right-of-way permit fee, with the amount tied to how recently the street was resurfaced and whether it is scheduled for reconstruction.

Sources & Official References

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